JACOBS v. MISHAWAKA BD. OF ZON. APP.

No. 3-1277A306.

395 N.E.2d 834 (1979)

Kenneth JACOBS, Martha Jacobs, Plaintiffs-Appellants, v. MISHAWAKA BOARD OF ZONING APPEALS, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 9, 1980.


Attorney(s) appearing for the Case

John D. Bodine, Mishawaka, for plaintiffs-appellants.

R. Wyatt Mick, Jr., Mishawaka, for defendant-appellee.


GARRARD, Presiding Judge.

On July 25, 1974, the Building Commissioner of the City of Mishawaka issued an order to cease and desist operation of a used car lot on the property of appellants Kenneth and Martha Jacobs.

The property in question is presently zoned C-1 (commercial) which does not include among its permitted uses a used car business. The proper zoning for a used car business is C-4. At the time the present Mishawaka Zoning Ordinance was enacted,...

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